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DECISION No.64/1998/QD-TTg OF MARCH 21, 1998 ON THE REDUCTION OF THE PURCHASE PRICES OF RESIDENTIAL HOUSES FOR CERTAIN SUBJECTS WHEN THEY PURCHASE STATE-OWNED RESIDENTIAL HOUSES BEING CURRENTLY LEASED TO THEM

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to Decree No.61-CP of July 5, 1994 and Decree No.21-CP of April 16, 1996 of the Prime Minister;

At the proposals of the Chairman of the Central Steering Committee for Residential House and Residential Land Policies; and of the Minister of Construction, the Minister of Finance, the Minister of Labor, War Invalids and Social Affairs, the Minister of Defense, the General Director of the National Land Administration and the Director of the Government Pricing Committee,

DECIDES:

Article 1.- The following subjects, when purchasing State-owned residential houses being currently leased to them under Decree No.61-CP of July 5, 1994 and Decree No.21-CP of April 16, 1996 of the Government, shall be entitled to the reduction of purchase prices of such residential houses in accordance with provisions of this Decision:

1. Officials and employees of the administrative and non-business agencies and the Party as well as mass organizations, who are salaried by the State budget;

2. Persons serving in the armed forces, who are salaried by the State budget;

3. Non-commissioned officers and soldiers who enjoy allowances and once served in the battlefield of A, B, C or K;

4. Officials working in communes or wards who are salaried by the State budget or entitled to allowance at certain levels set by the State;

5. Workers and employees regularly working for one year or more at State enterprises, licensed production and/or business organizations and units of administrative and non-business agencies, armed forces, the Party and mass organizations;

6. Subjects defined in Clauses 1, 2, 3 and 5 of this Article, who are sent to work at foreign-invested enterprises, industrial parks, export processing zones, economic and commercial representative offices which are set up and operate in Vietnam, foreign diplomatic missions, international organizations or non-governmental organizations, Vietnam-based foreign news, press, radio or television agencies and units of other economic sectors;

7. Persons entitled to pension, allowance for loss of working capacity, labor accident or occupational disease allowance, allowance for rubber-industry workers, lump-sum social insurance allowance, severance allowance before and after the issuance of Decision No.111-HDBT of April 12, 1991 of the Council of Ministers (now the Government) or before and after the promulgation of the Labor Code;

8. Salaried persons in the armed forces, who are not eligible for pension or monthly allowance for loss of working capacity but enjoy demobilization allowance; and persons who were demobilized before 1960;

9. Persons with meritorious services to the Revolution as defined in Article 1 of Decision No.118-TTg of February 27, 1996 of the Prime Minister.

Article 2.- The residential house purchase prices shall be reduced as follows:

1. The residential house purchase price shall be reduced by VND 100,000 for each working year. For persons who once served in the armed forces, a reduction of VND 180,000 for each year of service shall apply.

2. The residential house purchase price shall be reduced by VND 1,000,000 for a person who made meritorious services to the Revolution without definite working years. In cases where the total reduction amount for a person with meritorious services to the Revolution calculated according to his/her working years is less than VND one million, he/she shall be entitled to VND one-million reduction instead.

3. The years to be counted for residential house purchase price reduction are actual working years in State-managed agencies and/or units up to the time of house purchase. When calculating such working years, if the number of actual working months of the last working year is less than 6, it shall be calculated as half a year, if that number is more than 6, it shall be calculated as a full year.

4. The reduction of residential house purchase price according to the above-said levels must not be calculated repeatedly for the same time or the same subject. Each subject shall be entitled to the reduction only once when he/she purchases the State-owned residential house being currently leased to him/her.

5. For a family household with many members having their names stated in the same house leasing contract or the same permanent residence registration book, who are all entitled to the reduction of house purchase price, the reduction amount enjoyed by each of these members shall be aggregated into the total house purchase price reduction for the whole family household. But the maximum reduction level must not exceed the residential house price (excluding the land use levy) included in the house selling price.

Article 3.- The determination of subjects eligible for the residential house purchase price reduction and their actual working duration for calculating the reduction shall be based on the following valid papers:

1. For working persons, the agencies managing such persons shall base themselves on the personal records of such persons to make the certification;

2. For persons enjoying pension, working capacity loss allowance, labor accident allowance or occupational disease allowance or allowance for rubber industry workers, the concerned social insurance agency of district/urban district level shall make the certification;

3. For persons who have released themselves from work and enjoyed the lump-sum social insurance allowance or severance allowance before and after the issuance of Decision No.111-HDBT of April 12, 1991 of the Council of Ministers or before and after the promulgation of the Labor Code, or the demobilization allowance, the decisions on their work release and allowance entitlement shall serve as basis; in case of loss of such decision, the subject person shall have to make an application fully declaring his/her working process with certification(s) by his/her former agency(ies) or unit(s).

4. For a person with meritorious services to the Revolution who is entitled to VND one-million reduction, the Section of Labor, War Invalids and Social Affairs of district/urban district level shall make the certification.

Article 4.- This Decision takes effect 15 days after its signing.

Article 5.- The cases where the subjects, who are eligible for residential house purchase price reduction under this Decision, have already purchased State-owned residential houses previously leased to them according to Decree No.61-CP of July 5, 1994 and Decree No.21-CP of April 16, 1996 of the Government before the effective date of this Decision, shall be handled as follows:

1. If the purchaser has fully paid for the house purchase, he/she shall be refunded the reduction amount under this Decision.

2. If the purchaser has not fully paid, the reduction amount shall be calculated according to this Decision and deducted from the total amount he/she has to pay.

3. The house purchase price reduction amount shall not be reimbursed to the purchaser if he/she has resold such house to other person(s).

Article 6.- The Ministry of Construction and the Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility and coordinate with the Ministry of Finance and the Ministry of Defense in monitoring and urging the implementation of this Decision and handling according to their respective jurisdiction problems arising in the course of implementation of this Decision.

Article 7.- The ministries, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decision.

The Prime Minister

PHAN VAN KHAI